Light coercions, A287 Revised Penal Code
1. Concept
Light coercions – under the Revised Penal Code, refers to the crime of seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt by means of violence.
a. Legal basis
Art. 287. Light coercions. – Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than Fifteen thousand pesos (P15,000). x x x (As amended by R.A. 10951)
(Revised Penal Code)
2. Modes of commission
The following are the modes of committing the offense:
1) By seizing anything belonging to his debtor for the purpose of applying the same to the payment of the debt
a. Mode 1: Seizing debtor’s properties
Elements of the crime of light coercions:
1) That the offender is a creditor;
2) That the offender seizes anything belonging to his debtor;
3) That it is for the purpose of applying the same to the payment of the debt; and
4) That it was done by means of violence. (REVISED PENAL CODE, Article 287)
1) Element 1: Creditor
For the 1st element, the offender is a creditor.
NB: The offender is limited to a creditor of the private complainant who is the debtor. Thus, there is a creditor-debtor relationship between the offender and the private complainant.
2) Element 2: Seizing debtor’s property
For the 2nd element, the offender seizes anything belonging to his debtor.
The provision does not specify what kind of properties belonging to debtor that may be seized. Properties that may be seize include personal/movable properties such as jewelry, painting, and gadgets, as well as real/immovable properties by dispossessing the debtor and thereafter occupying them.
3) Element 3: Applying to debt
For the 3rd element, it is for the purpose of applying the same to the payment of the debt.
The objective/purpose of the offender as creditor is to apply the seized properties as payment of the debt of the private complainant as debtor.
4) Element 4: Violence
For the 4th element, it was done by means of violence.
The seizing of the properties was committed by means of violence, such as by use of physical force or use of deadly weapons.
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
—
/Updated: November 23, 2023
